Competition Law at Fiji
Fiji's competition law is primarily governed by the Fijian Competition and Consumer Commission Act 2010 (FCCC Act), which established the Fijian Competition and Consumer Commission (FCCC). The FCCC is an independent statutory body responsible for promoting effective competition, protecting consumers, and regulating industries where competition is limited.
Objectives of the FCCC
The FCCC Act outlines several key objectives:
Consumer Protection: Promote consumer interests and protect them from unfair trade practices.
Market Efficiency: Encourage the efficient development of industry, trade, and commerce.
Fair Competition: Ensure effective competition in markets.
Equitable Pricing: Ensure businesses offer fair and reasonable prices to consumers.
In regulated industries like electricity, telecommunications, ports, and airports, the FCCC aims to:
Promote competition in the interests of consumers.
Balance efficiency with environmental and social considerations.
Ensure non-discriminatory access to monopoly and near-monopoly infrastructure or services.
Key Functions of the FCCC
The FCCC's functions, as outlined in the FCCC Act, include:
Regulating Access: Advising the Minister on proposed access agreements and maintaining a register of such agreements.
Infrastructure Access: Facilitating negotiations and arbitrating disputes regarding access to infrastructure facilities or services.
Consumer Advocacy: Promoting consumer interests and assisting them in assessing and using goods or services.
Complaint Handling: Receiving and investigating complaints related to consumer interests and taking appropriate action.
Market Surveillance: Reviewing commercial activities and collecting information to ensure fair practices.
Price Control: Fixing and declaring maximum prices and quantities for goods, services, and rents.
Licensing: Issuing authorizations and approvals for the provision of goods and services in regulated industries.
Enforcement and Compliance
The FCCC enforces compliance through various divisions:
Legal Division: Manages legal matters, provides legal advice, and handles litigation.
Internal Audit & Governance Division: Conducts price reviews, market research, and ensures compliance with price control regulations.
Competition Division: Enforces provisions against restrictive trade practices, including anticompetitive conduct and misuse of market power.
Enforcement Division: Carries out investigations, monitoring, and compliance activities related to consumer protection laws.
Consumer Protection Initiatives
The FCCC actively monitors traders, receives consumer complaints, conducts awareness programs, and prepares self-regulating guidelines for sectors like towing, e-commerce, and landlord-tenant relations to protect consumer rights.
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